The War That Never Ends Is The War With Yourself
by tenga
Summary: After Voldemort meets his temporary end at Godric's Hollow, Albus Dumbledore and Bartemius Crouch debate before the Wizengamot, to discuss the merits of the death penalty for the captured Death Eaters.


The War That Never Ends Is The War With Yourself

Harry Potter is the property of JK Rowling. I write this purely for entertainments sake. If Harry Potter did belong to me, I wouldn't be writing this, I'd be on my moon base watching the scientists I'd hire build me a Death Star.

Several sentences are direct quotes from Thucydides, and from the 'War That Never Ends', by the Royal Shakespeare Company, who dramatised his epic history of the Peloponnesian War. Points to anyone who spots the references.

This is a one-shot.

The silence was marred only by a tension so thick it was almost palpable. The assembled Wizengamot, their numbers nearly halved by the violence of what was already being called the Blood War, were staring raptly at their Chief Warlock, who had summoned them all to the Wizengamot Chamber, just two days after the fall of the Dark Lord at Godric's Hollow, and the Director of the Department of Magical Law Enforcement. The two had been locked in a heated debate for the last twenty-five minutes, and this latest pause for breath by the debaters seemed, to their audience, to be a calm between storms.

Albus Dumbledore, resplendent in his Wizengamot robes of office, was breathing heavily and glaring intensely at the woman situated opposite him on the floor. Bartemius Crouch Senior was, likewise, breathing labouredly and piercing Dumbledore with a stare so venomous that several of the lawyers in the public gallery actually felt it should come with a health warning.

Barty Crouch, by far the younger of the two, caught his breath first.

"Do you not see, that giving way to compassion is, in some cases, a dangerous weakness, which will not make our enemies equally inclined to lenience? Government is often exercised over people who do not like it, and you will not make them obey our laws by injuring our own interests in order to do them a favour! The public always despise those who treat them well. And for many years we treated those rebellious, psychopathic malcontents, the Death Eaters, much too generously.

Our beliefs hold that when you die, you must answer to the souls of those you have wronged. I for one, do not want to have to face all those whom were killed by the Dark Lord and his Death Eaters and tell them I didn't get justice for the crimes committed on them!

There is _nothing_ worse than to pass measures and then not to abide by them! Believe me, a country is better off with bad laws that remain fixed, than with good laws that are constantly being altered." Crouch turned to the assembled Wizengamot and fixed them with an accusing stare. "Your ancestors and you are to blame for this! By instituting and encouraging these competitive games in these assemblies. Any novelty in an argument deceives you! You are more like an audience sitting at a play, or children at the feet of a tutor than a government! You must learn to think straight.

The truth of the matter is; that if the Dark Lord and the Death Eaters were justified in revolting, then you must be wrong in holding power! If you wish still to hold on to it, then your interests demand that their actions be punished by death. Your only alternative is to abandon politics so you can spend more time on philosophy."

Dumbledore could hold his tongue no more, seeing many of the Wizengamot seemingly nodding along to Crouch's last words. He stepped forwards. "I cannot agree it is a bad thing to discuss and re-open important questions. Haste is a sign of folly and anger the mark of narrow and primitive minds. We cannot allow our personal feelings to get in the way of our pursuit of justice, lest our emotions rule our minds and justice be eroded.

Knowing he cannot make a good speech for a bad cause, Director Crouch is trying to frighten you by misrepresentation and noise. I am not so foolish as to try to sway you by pity or abstract principles, so let us instead look as Director Crouch's claim: that applying the death penalty in this case will deter other's from committing similar crimes in the future.

Throughout history, the death penalty has been laid down as a deterrent for many offences, but men have rarely been deterred, and will still take any action to get what they want. Man is, by nature, inclined to evil and there is no law that will change this. What is the answer? At present, when the aurors are fighting dark wizards and the dark wizards realise they are losing, they will surrender, while they can. If Director Crouch's suggestion is upheld, then dark wizards in the future will not only make far more careful preparations before battle, but will fight all the harder, knowing that surrender means execution. Is it really in our in interest, to send our brave aurors to their deaths, only to catch a few people who mere symptoms of a greater illness that plagues our society? What then would we do, when all our aurors are dead and the enemies of law and order are at the Ministry's wardline?

Surely the proper way is not to punish those who revolt against us, but to take better care of them so that point is never reached? If you still insist on their punishment, let us at least punish as few as possible, so as to keep on our side those who are neutral and not push them towards the dark out of fear of our punishments.

Above all else, remember this: Violence never ends violence. It only extends it. The friends and families of those whose fates we debate here today, and indeed, those who see the injustice of what is being argued for by Director Crouch, would seize upon a death sentence as reason to attack the Ministry. We have just fought one war. We can ill afford another. History is littered with examples of society's that attempted too harsh punishments on wrongdoers and were overthrown by their own people in retribution. There can be no doubt about the evil nature of the atrocity's committed by the followers of Lord Voldemort. But no criminal should be given the death penalty. If their crime is so great that you judge that they must suffer as they have made others suffer, even then death is not the appropriate recourse. Criminals should endure the prison sentences meted out by this court, and be allowed to realise that they have acted wrongly, so that they may attempt to make amends before, as we all must, they go on to the next adventure and their lives are judged. Killing leaves a scar on the soul, no matter how just the act is. I would not wish to subject our aurors to having to perform this grim task. Would you force another to take lives as callously as the Death Eaters took those of others at the order of their Lord? Would you be able to sleep at night knowing you had torn another's soul?

We must take care, not to allow our emotions to impair our judgment, but to judge with cool hearts and clear minds, so that we can make the best decision in the interests of this nation.

I support Director Crouch in only one respect, by inviting you to think straight."

Tiberius Ogden, acting Chief Wizard for the meeting, as Dumbledore couldn't stand and vote as Chief Wizard as he was the person sponsoring the abolishment of the Ministry Protection Act 176-B, rose from his chair.

"If the proponent of the change and defendant of the original bill would be seated, the Wizengamot will now discuss the issue.

Lords and Ladies of the Wizengamot, you have all heard compelling arguments both for and against the bill under scrutiny today, I ask now if any amongst you have questions for the debaters, or statements to make?"

Amelia Bones stood. "Lord Dumbledore, you say you don't want these criminals to be sentenced to death, what punishment would you say is appropriate then, for amoral thugs who have, for ten years, pillaged, raped and killed a bloody furrow through the heart of our nation?"

"Lady Bones, no two crimes are exactly the same. Nor are any two criminals. We must judge each case individually, or we are not an impartial court, we would have already made our minds up, and decided the defendant's guilt and punishment before they have even entered the courtroom. Under the current law, even someone placed under the Imperius Curse would be executed, as the only stipulation in the law is that the defendant bear the Dark Mark of the self-proclaimed Lord Voldemort. I think we would all agree that someone forced to commit a crime completely against their will has not committed any crimes, and that their actions should be laid at the feet of the one who cursed them? Similarly, even the spies we had in the Dark Lord's ranks aren't granted amnesty under the current laws, which is a travesty. If we punish even those who risked their lives daily to guarantee our safety, then our society has already fallen, and does not deserve to be saved. In the end, it is up to the conscience of your hearts to decide the merits of each case brought before you. There is no single answer to your question. The punishments must depend entirely upon the actions of each defendant."

"Thank you, Lord Dumbledore. Next question, please." Ogden stated from the throne-like Chief Wizard seat.

The ancient and infirm Abraxas Black rose shakily from his chair, with the aid of the people beside him.

"Director Crouch, surely you must realise the truth of what Lord Dumbledore says. There is no one answer to any question, especially one so convoluted as right and wrong. My question is this, why do you propose that we keep this law as it is, given that the war is no over and the Wizengamot can finally meet in safety to judge these cases?"

"I am not surprised you are against this law, given how many of the Black Family turned traitor and joined the Dark Lord-"

Tiberius Ogden flew from his chair. "Director Crouch, that is quite enough! Someone of your office cannot throw such wild accusations, you know this."

"I apologise, acting Chief Wizard. A moment of choler on my part that I assure you will not be repeated. I allowed my feelings about the loss of extended family to the Dark Lord's forces and the betrayal of my son to rule over my common sense."

"See that it does not happen again" Ogden said imperiously, before re-taking his seat.

"In answer to your question, Lord Black, I say that those who joined Voldemort willingly chose their own fates when they took that foul brand. We should act to protect our own spies, yes, but there is, as you may know, no way to be certain whether someone was held under the Imperius Curse. The curse leaves no trace that can be detected by any spell or potion, nor do the victims reliably remember enough to testify under veritaserum. If we do not punish all, we run the risk of punishing the innocent and letting the guilty go free, depending on who can afford the better court defenders. We would not be servants of justice then.

There is also another problem. We have nearly one hundred witches and wizards bearing the dark mark in custody. With Azkaban still being repaired from the last time the Dark Lord broke his followers free, and the Ministry drained by a protracted civil war, we have neither the space, resources, nor personnel to hold that many people in the DMLE cells for as long as it would take to try them all. We can hold them for, optimistically, two weeks. Realistically, we will need to let half go in one week's time or the Ministry coffers will run empty. There is no way to try that many people so soon. We must try them all by the current laws, or try none at all. If we release them, then all these people will need is another figurehead to rally around. Even if one of the Death Eaters does not step up, history tells us there will eventually be another Dark Lord. We must deny any future Dark Lord these ready-made followers.

We've had two major Dark Lords in the last fifty years. We cannot survive another so soon. If the Ministry was attacked right now, we would fall within days. For the protection of law and order, and the public this Ministry was set up to safeguard, we must not change this law. We stand now upon a precipice. On one side the salvation of our society, on the other our doom. I implore you; do not throw us to our doom."

"Thank you for your candour, Director Crouch. Are there any more questions? Any statements? No? Then we shall put the matter to a vote. Will all those for the abolishment of Ministry Protection Act 176-B please raise and light their wands… And now, will those for the upholding of Ministry Protection Act 176-B raise and light your wands. The court scribe will now tally the count."

Dumbledore and Crouch, as well as the rest of the Wizengamot, were on the edge of their seats. The vote appeared to be about even.

The court scribe approached Ogden and handed him a scroll. He stood and opened it before him, and said in a loud, ringing voice "By 53 votes to 36, Ministry protection Act 178-B is hereby abolished.

The Wizengamot will convene again tomorrow to discuss when to begin the trials, and how to raise the necessary funds and personnel to facilitate the trials. Thank you for your time here today my fellow Lords and Ladies of the Wizengamot. This meeting is hereby ended."

XxXxXxXxXxXxXx

Director Crouch and Dumbledore met an hour later in his office at the Ministry. "I hope your actions today don't doom this administration Dumbledore."

"So do I Barty. So do I. But we must not punish the innocent. If we did, this administration would fall when the public marched in with lynching ropes. We can only do our best, and hope."

"I am in the business of law, I do not hope. I plan for worst-case scenarios. Our administration may yet still fall when we have to raise the taxes and conscript people into the Auror corps to guard the prisoners."

"Perhaps not. I have had a few ideas, and I shall spend tonight planning how best to present them to the Wizengamot tomorrow. While taxes will have to be raised, I do not believe they will have to be raised as high as you fear, as there are alternative ways of procuring funds, and I do not believe that conscription will be necessary."

"What are you planning Dumbledore?"

"Well, firstly, you know that I ran the Order of the Phoenix? Several members who died during the war left money to the Order to fund our efforts. I cannot think of a better use for that money now that to fund the Death Eater trials. The total is about 700,000 galleons."

"Well, that would amount to about a third of what we need. It would be a huge help." Barty paused to make a few calculations of a scrap of parchment. "What would you suggest for the rest of the needed funds? Even with the Order money, we'd still need to raise taxes by 15%. No-one will stand that, especially with the economy in the state it's in now."

"I would suggest we use my position in the ICW to try to get an emergency loan from the body. The bill for the trials can be spread over a few years. Their repayment and interest rates are very good. We would have to raise taxes by 3% and keep it at that level for the next ten years, but it is a much more palatable figure, I'm sure you agree. In the meantime, we bring the dementors back in to guard the prisoners."

"The DEMENTORS?! But they sided with the Dark Lord! We can't trust them!"

"You may not be aware that the dementors were created by Salazar Slytherin. It is in their nature to obey Parselmouths. But in the absence of Lord Voldemort, they will obey the strongest power around. We just have to give a show of strength, which can be done by having all the Order and Ministry personnel who can cast Patronuses do so and corral the dementors back to Azkaban. Their numbers are great enough to guard the entire prison, and one hundred prisoners will only necessitate the use of the lower levels, which were the least damaged, and are useable already. I suggest them only as a stop-gap measure, until Auror recruitment has picked up enough that they can guard the prisoners. We can then send the dementors away. To where, we'll let the Wizengamot decide. I believe the Death Veil was created for the purpose of destroying them until someone hit upon the idea of using them as prison guards."

"Very well Dumbledore, I'm convinced. But I do not think the Wizengamot would ever send the dementors away from Azkaban, once they've returned there. Having the dregs of society guarded for free will be something they won't be keen to get rid of. Nothing affects a politician as much as appealing to his pocket, as I'm sure you know." Albus couldn't help but chuckle at that truism.

"Again, we can only hope, my boy. Good night, Barty." And with that, Dumbledore left his office, heading to the floos, and then Hogwarts, where Severus was waiting upon the outcome of the hearing. _The young boy will be so glad he doesn't have to go into hiding_, thought Dumbledore. _I wonder if he would agree to become the Potions Professor? Horace keeps telling me he wants to retire. The Wizengamot might allow Severus the position if I argue it's so I can keep an eye on him._

_XxXxXxXxXxXxXx_

A/N- Hope my first effort wasn't too bad.

The title is because of Dumbledore's' statement that all men are inherently evil. That was an idea I got from Hobbes' 'Leviathan'. _Man is nasty, brutish, and short-lived_. A tad pessimistic, but I believe one that Dumbledore may well hold. If one is fanatic about repentance, as my Dumbledore is, one must actually believe others to be inherently evil but be able to overcome their evil nature. It's an interesting viewpoint. I'm sure Dumbledore realises that there are some who are psychopaths and thus will never repent as they literally can't see that they're in the wrong, but the number of true psychopaths is quite low. Those who committed their crimes because of political ideology, or out of lust for power, are salvageable in Dumbledore's eyes.

Besides, what's a worse punishment? A quick death? Or a slow, drawn out punishment under the auspices of the worst creatures imaginable? While the ghosts in the Harry Potter universe do confirm the fact of life after death in that universe, it does not mean there is a bad place for bad people to go.

It could be like Sovngarde in Elder Scrolls mythos, where those who die valiantly in battle go there, whether they were good or bad.

Or it could be something else entirely.

The reason Dumbledore and Crouch still had that rather amicable chat after is simple. Just because two people hold different beliefs, doesn't mean they can't have a friendship, or in this case, working relationship. They both want the same thing, they just tried different means to get there. They're happy to work together if it will increase their chances of success.

Anyway, thanks for reading. Please leave a review on your way out. And as Spock says, 'live long and prosper'.

Tenga


End file.
